1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

Seven offices

2. What is the name of your IV-D agency?

Nebraska Child Support Enforcement

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Judicial to establish orders, various administrative procedures to enforce orders. When administrative enforcement procedures are exhausted, then judicial actions may be pursued. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

CSENET and QUICK

5. Describe special requirements for telephonic or video participation in two-state actions.

For Additional Information - https://supremecourt.nebraska.gov/external-court-rules/district-court-local-rules/district-5/rule-5-10-telephone-conference-hearings https://nebraskalegislature.gov/laws/statutes.php?statute=24-303

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

Age 19, unless the child marries, dies, or is emancipated by the court. Neb. Rev. Stat. §43-2101 see also Neb. Rev. Stat. §42-371.01 For Additional Information - No Link Provided

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

Age 19. Neb. Rev. Stat. §42-371.01 For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

Yes, the age of emancipation at the time the order is entered governs. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. The parties must agree and it is included in the court order. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

The child emancipates before the normal duration; the child marries; the child is adopted by someone other than the noncustodial parent; the child support order states the child support ceases prior to the normal duration; the child enters into the military service prior to the normal duration. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No, it must be provided in the support order.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

None. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

Four years after the child's birth if brought by the mother or alleged father; 18 years after the child's birth if brought by a guardian or next friend of child or the state. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No. For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

There is no statute of limitation for enforcement.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income Shares Model. For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

For Additional Information - https://supremecourt.nebraska.gov/supreme-court-rules/chapter-4-children-and-families/article-2-child-support-guidelines

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

Yes. In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent to the yield of the average accepted auction price for the last auction of one-year Treasury bills and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury, pursuant to Neb. Rev. Stat. §45-103. For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

Yes. In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent to the yield of the average accepted auction price for the last auction of one-year Treasury bills and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury, pursuant to Neb. Rev. Stat. §45-103.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

Yes. In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent to the yield of the average accepted auction price for the last auction of one-year Treasury bills and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury, pursuant to Neb. Rev. Stat. §45-103.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

No.

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

Transmittal #3 to the Clerk of the District Court.

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

No.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

No.

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

Yes, if Child Support receives a court order with the credit language.

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

Yes, if Child Support receives a court order with the credit language.

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

If Child Support receives a court order with the credit language, it would be credited.

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

Through use of the Intergovernmental forms, certified payment record, and copy of the court order.

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

If NCP receiving SSI only the case is closed. If NCP receiving both SSI and Title II, the case is not closed.

14. Does your state child support agency have a debt compromise program?

No.

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

Payment is based on what the support obligation was plus an amount towards arrears.

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

Yes, a modification with the court would need to be filed by one of the parents to change legal custody before child support could be addressed.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

Testing can be scheduled with out-of-state individuals through our genetic testing vendor’s scheduling department. For Additional Information - No Link Provided

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

For Additional Information - http://www.nebraskalegislature.gov/laws/statutes.php?statute=43-1415

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Yes. For Additional Information - https://nebraskalegislature.gov/laws/statutes.php?statute=42-377

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes, if the birth was after 9/9/97. For Additional Information - https://nebraskalegislature.gov/laws/statutes.php?statute=71-640.01

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

No. For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

Yes. Biological Father Registry-Nebraska Department of Health and Human Services-Vital Records Management.

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

Paternity Acknowledgement. No charges. For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Yes.

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Yes. For Additional Information - https://dhhs.ne.gov/Pages/vital-records-and-statistics.aspx

10.1 Describe any circumstances under which these fees may be waived?

None.

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No. Neb. Rev. Stat. §42-104

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

Prior to 1923 common law marriages were recognized.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

Send one intergovernmental packet with separate Declaration in Support of Establishing Parentage forms for each child.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

Not available. For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

All. For Additional Information - https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=43

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

Under the Shared Income Model, both the custodial and non-custodial parent's income are considered. For Additional Information - https://supremecourt.nebraska.gov/supreme-court-rules/chapter-4-children-families/article-2-child-support-guidelines

2.1. What documentation is required as proof/evidence of this information?

Determined by local county/authorized attorney. A state must indicate on the interstate transmittal if it wants retro support.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

Pursuant to Neb. Rev. Stat. §42-364.16, the guidelines will be strictly applied unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order. For Additional Information - http://www.nebraskalegislature.gov/laws/statutes.php?statute=42-364.16

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes. Retroactive to the date of birth at the court's discretion. An order will not be established until the child is born. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Determined by local county/authorized attorney. A state must indicate on the interstate transmittal if it wants retro support. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

No.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

When requesting the establishment of support all interstate requests must include a request for current support. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

Yes. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Modification. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

Yes, if legal custody was addressed in the original order. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

SSI, VA Disability. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. Neb. Rev. Stat. §§ 43-1718.02(2)(c), 43-1722 For Additional Information - No Link Provided

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

No.

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

$2.50 per month.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

An employer must initiate the income withholding beginning with the next pay period following the date on the withholding notice.

5. What are your state’s sanctions for employers for not implementing income withholding?

The county or authorized attorney files an action in district court.

6. What are the penalties to an employer for failure to remit payments withheld?

It is up to the discretion of the court. Nebraska Statute states "the court may sanction an employer or other payor $25.00 per day up to$500.00 per incident for failure to comply to the proper notice. Neb. Rev. Stat. 43-1724.

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

No.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

Transmittal #1.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

No.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

For FIDM only request send Transmittal #1, certified arrears calculation, noncertified court orders are accepted.

9. How does a noncustodial parent contest an income withholding in your state?

If an order was entered prior to 1994 and does not contain an income withholding provision, a Notice of Intent to Withhold is sent to NCP. After receiving the Notice of Intent to Withhold, the obligor may send a request for an administrative hearing to the Neb. Dept. of Health and Human Services. The request must be postmarked within 15 calendar days of the date the Notice of Intent to Withhold was sent. Upon exhaustion of administrative remedies, the obligor may seek judicial review. 2) Orders containing income withholding provisions and direct income withholding - the obligor would contest by filing in district court.

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

Use PRWORA distribution rules. For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

Yes, IWO’s are sent to employers for independent contractors. There is no special process in determining amount to withhold.

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

No.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

PRWORA.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

Distribute to Nebraska first, then other state.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Determined case by case using PRWORA distribution rules. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

We apply all available enforcement tools toward intergovernmental cases.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

Transmittal #1 must be sent initially.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

$500.00 delinquent. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Equifax, Experian, Trans Union and Innovis.

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative. When administrative remedies exhausted then judicial actions may be pursued.

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

The noncustodial parent should contact the Nebraska Child Support Customer Service Call Center at 1-877-631-9973 for further review.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

$150 for TANF cases, $500 for non TANF cases.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes. The amount equal to the support due and payable for more than a three-month period of time.

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes. The amount equal to the support due and payable for more than a three-month period of time.

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

Yes. The amount equal to the support due and payable for more than a three-month period of time.

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

Yes. The amount equal to the support due and payable for more than a three-month period of time.

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

Yes.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Administrative.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

The only accounts subject to financial institution attachment are a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Centralized.

17. What are the criteria to attach an account in a financial institution in your state?

The property of an obligor with a IV-D support obligation may be subject to administrative attachment if the obligor is delinquent on a support order in an amount equal to the support due and payable for more than a three-month period of time or Upon request of the agency that administers another state's IV-D program.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No. For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

Process initiated from Interstate Case Registry. Required: Transmittal 1; Certified arrears calculation for life of order; All certified court orders for the life of the case; Name of financial institution; Bank account number; The other State caseworker must be willing to participate in an administrative hearing if the non-custodial parent appeals; and The other state must be willing to enter into a payment plan with the non-custodial parent to stop the process.

20. Does your state's income withholding definition include amounts in financial institutions?

No. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes. The State. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

Financial institutions would hold the funds until such time as they receive a Notice of Disposition from CSE. With notice and appeal times, funds are normally held less than 30 days. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes. NCP is given 20 days to request a hearing before funds are seized and are then given 5 days to appeal after the funds are seized- the funds are held during this time, if the appeal is granted the funds are held pending the outcome. For Additional Information - https://www.nebraska.gov/rules-and-regs/regsearch/Rules/Health_and_Human_Services_System/Title-466/Chapter-09.pdf

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

CSE can seize the entire amount. When CSE becomes aware of a co-owner, it notifies the co-owner, who then has 14 days to request an administrative hearing. It is up to the co-owner to prove how much of the funds are theirs. For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

You are not the person named in the court order; The amount of past-due support indicated on the notice is incorrect.

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

No. For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

A noncustodial parent's license may be suspended when they are delinquent in an amount equal to the support due for more than a three-month period (this does not include the current monthly support). The noncustodial has a verified address, there is not an active Chapter 13 bankruptcy, and the noncustodial parent has not requested a review and modification that is in process. In low income or hardship cases, the financial circumstances of a noncustodial parent may be reviewed on a case-by-case basis and determine if license suspension is appropriate, or if entering into a payment plan agreement, adjust the payment to a lower amount. Please Note: Nebraska has a tier license suspension process (driver’s license, recreational, professional/occupational). Only one type of license can be suspended at a time and must be done in a specific order. If the noncustodial parent has a valid commercial driver’s license (CDL) or a restricted commercial driver’s license (RCDL), Nebraska law requires that the driver’s license be skipped, and the process begin with the recreational license.

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

Pay all arrears (past-due support plus interest) or by making payments for past-due support in accordance with a payment plan determined by the Department. Child Support will provide a Confirmation of Compliance. The noncustodial parent will need to contact the Nebraska Department of Motor Vehicles (DMV) on how to get their driver’s license reinstated. There may be a reinstatement fee required to be paid to the DMV.

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

The noncustodial parent will need to contact the Nebraska DMV agency.

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

A noncustodial parent's license may be suspended when they are delinquent in an amount equal to the support due for more than a three-month period (this does not include the current monthly support). The noncustodial has a verified address, there is not an active Chapter 13 bankruptcy, and the noncustodial parent has not requested a review and modification that is in process. In low income or hardship cases, the financial circumstances of a noncustodial parent may be reviewed on a case-by-case basis and determine if license suspension is appropriate, or if entering into a payment plan agreement, adjust the payment to a lower amount.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

Pay all arrears (past-due support plus interest) or by making payments for past-due support in accordance with a payment plan determined by the Department. Child Support will provide a Confirmation of Compliance. The noncustodial parent will need to contact the professional licensing agency on how to get their driver’s license reinstated. There may be a reinstatement fee required to be paid to the professional licensing agency

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

The noncustodial parent would need to contact the professional licensing agency directly.

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

A noncustodial parent's license may be suspended when they are delinquent in an amount equal to the support due for more than a three-month period (this does not include the current monthly support). The noncustodial has a verified address, there is not an active Chapter 13 bankruptcy, and the noncustodial parent has not requested a review and modification that is in process. In low income or hardship cases, the financial circumstances of a noncustodial parent may be reviewed on a case-by-case basis and determine if license suspension is appropriate, or if entering into a payment plan agreement, adjust the payment to a lower amount.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

Pay all arrears (past-due support plus interest) or by making payments for past-due support in accordance with a payment plan determined by the Department. Child Support will provide a Confirmation of Compliance. The noncustodial parent will need to contact the recreational licensing agency on how to get their recreational license reinstated. There may be a reinstatement fee required to be paid to the recreational licensing agency.

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

The noncustodial parent would need to contact the recreational licensing agency directly.

36. What are the criteria for initiating/filing a lien in your state?

Under operation of law a child support judgment in Nebraska automatically creates a lien on any real and/or personal property registered in the county of the child support court order. Neb. Rev. Stat. §42-371

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

Judicial.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

Judicial. A complaint for foreclosure would need to be filed in the District Court where the property is located. Notice of the complaint must be served upon the defendant and an opportunity for a hearing must be given. If the court issues a decree of foreclosure, the property may then be sold by the sheriff or some other person authorized by the court. Proceeds of the sale must be applied as specified in the court order, with any surplus returned to the defendant. Neb. Rev. State §42-371

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

Yes. It’s administrative.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

Yes. State Lottery prizes in excess of five hundred dollars to be awarded to an individual pursuant to the State Lottery Act upon presentation of a winning lottery ticket to the Lottery Division of the Nebraska Department of Revenue for redemption. Casino, parimutuel, sports wagering or cash device winnings are subject to the setoff if they are large enough to require an IRS Form W-2G or IRS Form 1099

40.1 If yes, is this enforcement judicial, administrative, or both?

Both - when administrative remedies are exhausted, then judicial.

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

Unclaimed Property Offset.

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

Contempt, Criminal Non-Support.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

For non-public assistance cases - only upon request from either parent once every three years or when a substantial change in circumstances has occurred. Public assistance cases are reviewed once every three years, unless there has been a substantial change in circumstances. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

A party to a court order wanting to request a review and modification should complete the online Review and Modification Web application. If the requesting party is unable to complete a web application, they may request a paper application be mailed to them. Please contact Nebraska Child Support Enforcement at 1-800-831-4573. Upon receipt of a request, the review process begins with a Notice of Intent modification packet sent to the non-requesting party. The non-requesting party has 30 days to respond. After the 30 day period expires, the case is reviewed to make a recommendation. The review of the child support order has to meet a 10 percent or more, but not less than $25, upward or downward of the current support obligation. A review findings determination with the recommendation is sent to both parties. Both parties have 30 days to submit a written request for reconsideration of the findings. After the 30 day reconsideration period has expired, if the case meets criteria for referral, the case is referred to the county/authorized attorney. The county-authorized attorney reviews the referral and makes a determination to proceed or not to proceed with the modification. For Additional Information - https://dhhs-mycseweb.ne.gov/MyCseWeb/index.xhtml

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

The review of the child support order has to meet a 10 percent or more, but not less than $25, upward or downward of the current support obligation which have lasted three months and can reasonably be expected to last an additional six months. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes.

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes.

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes. For Additional Information - No Link Provided

4.4. The cost of living has changed.

No.

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

No.

4.6. There has been a substantial change in childcare expenses.

No.

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Substantial change in circumstances may include, but is not limited to, change in employment, earning capacity, or income or receipt of an ongoing source of income from a pension, gift, or lottery winnings. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

Per Nebraska law, §43-512.12, within 15 business days of learning that a noncustodial parent will incarcerated for more than 180 days, our agency sends a review and modification packet to the noncustodial parent and a notice of the right to request a review to the custodial parent, informing them of their right to request a review. For Additional Information - https://nebraskalegislature.gov/laws/statutes.php?statute=43-512.12

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

No.

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

Yes, the requesting party must sign the request.

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

A request should be made by the one of the parents. However, the county/authorized attorney may file a modification directly with the court if the non-custodial parent is receiving SSI.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Income withholding orders for employers; lien/levy processes for non-wage lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

Yes. $35 fee is assessed to the custodial party pursuant to Deficit Reduction Act of 2005. In addition there is an application fee of $1.00 that is paid by the state.

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

Custodial Party.

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

Yes.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

Nebraska imposes a $35 fee to the payee (custodial party) of a court order. The fee is collected out of support collections.

3.1. Is it retained by the state from support collected?

Yes.

3.2. Is it paid by the individual applying for child support services?

Not Available.

3.3. Is it recovered from the noncustodial parent?

No.

3.4. Is it paid by the state out of its state funds?

No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Nebraska has no state statue for insurance match. For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

The Department of the Treasury's Bureau of the Fiscal Service BFS, requires that submitted cases have an arrearage amount of at least $25 and is at least 30 days past due. BFS will not intercept a non-custodial parent's federal tax refund if the debt does not exceed the minimum requirement for federal tax refund offset at the time of the match. As a reminder, for federal tax refund offset, TANF or title IV-E foster care cases must have at least $250 in past-due support. Non-TANF or Medicaid-only cases must have at least $500 of past-due support. Nebraska processes whatever OCSE sends us on the Insurance Match file.

3. What process does your state use to intercept insurance payments?

Income withholding process. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

The Initiating state should first contact the employer to verify how to process the claim, who the worker's compensation carrier is and the worker's comp claim number. The initiating state should send a Transmittal #1 requesting the collection of the worker's compensation claim, along with a certified court order, certified payment history, name of the worker's comp claim carrier and the worker's comp claim number. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

No.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes.

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes to both.

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes.

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes.

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes.

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Request from the District Court Clerk in the county where the order is entered. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Please contact Nebraska Child Support Enforcement at 1-800-831-4573 or email the certified payment record request to: DHHS.CSEOperations@nebraska.gov. Please include (1) full name of the parties to the court order, (2) FIPS/court order number, if FIPS unknown, provide the county name. There are no costs for a certified payment record from Nebraska Child Support Enforcement. *If there are other financial records that exists for a court order, please contact the appropriate Nebraska county Clerk of the District Court where the order is filed. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Neb. Rev. Stat. §42-701 to 42-751.1 For Additional Information - No Link Provided

2. How does your state define the tribunal (See UIFSA 103)?

Please refer to Neb. Rev. Stat. §42-701 For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One set of documents are needed.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

It is preferred IG forms be one-sided, however not required.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

None at this time.

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No.

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

No.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

No. For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

No.

3. What methods of personal service does your state use?

Service of Process.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Follow Nebraska Supreme Court Guidelines exclusively. For Additional Information - https://supremecourt.nebraska.gov/supreme-court-rules/chapter-4-children-families/article-2-child-support-guidelines

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

No.

6. What circumstances will cause your state to end child support before the normal duration?

Per court order. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

If necessary, the Nebraska Child Support Payment Center (NCSPC) would use the SWIFT global provider of secure financial messaging services as well as use international wires. Paper checks can be mailed to the appropriate country. Electronic payments can be routed through a domestic financial institution and loaded to a debit card if it carries a Visa/MasterCard logo. https://childsupport.nebraska.gov/ NCSPC Customer Support (Toll-free): 1-877-631-9973

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

Paying Parents: 1. Allow access to the Nebraska Child Support Payment Center (NCSPC) website for bank card payments and for ACH if debiting a domestic financial institution. 2. Encourage online bill pay if financial institution participates in online bill pay. Payments can come electronically via a variety of networks (i.e. MasterCard, FISERV, CheckFree, Metavante). 3. Pre-deposit all foreign originating checks to allow our bank to perform the exchange rate. Upon receipt, the child support account is properly credited with the correct amount credited to our bank. 4. Allow MoneyGram and Western Union payments. Parents Receiving Payments: 1. Disburse payments via three methods: (1) direct deposit to a domestic bank account, (2) direct deposit to US Bank ReliaCard, (3) Mail paper checks. 2. Promote the use our US Bank ReliaCard (must be mailed to a domestic address when coming from US Bank). Can be used worldwide where Visa is accepted. Visa will also handle the exchange rate. https://childsupport.nebraska.gov/ NCSPC Customer Support (Toll-free): 1-877-631-9973

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

Yes, contact the Nebraska Child Support Payment Center (NCSPC) for further information. https://childsupport.nebraska.gov/ NCSPC Customer Support (Toll-free): 1-877-631-9973

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No.

1.1. If yes, list the tribes and identify services provided, if less than full services.

For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

Unknown.

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

Yes, employers in Nebraska with 50 or more employees and who are paying on at least one order are required to remit child support payments electronically.

2. What is your state's SDU bank name?

Joint UPIC Account Winston-Salem, NC Bank

3. What is your state's SDU vendor name?

N/A

4. What is your state's web-based payment service for employers?

https://childsupport.nebraska.gov/Employers/

5. What is your state's web-based payment service for noncustodial parents?

Website: https://childsupport.nebraska.gov/ncp/

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Yes, credit/debit card payments accepted from paying parents.

7. How does your state accept card payments?

Credit/debit card payments accepted online and at kiosks

8. Are there fees associated with the credit card payments?

Fees differ between payment options. Please see https://childsupport.nebraska.gov/ncp/ for fee schedules.

9. Does your state have other payment options?

PayNearMe/PayPal/Venmo/online bill pay/MoneyGram/Western Union

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

Begin withholding no later than the 1st pay period that occurs after date of notice.

11. When must an employer remit amounts withheld from an employee's pay?

Remit payments within 7 business days of the pay date.

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Federal, state taxes, FICA, mandatory retirement, medical insurance premiums if proof of cost provided.

13. What is your state's priority for withholdings?

If there is more than one withholding against a noncustodial parent, the amounts available for withholding are allocated, giving priority to current support up to the limits of the CCPA.

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Federal CCPA limits

15. What are the withholding limits for non-employees?

50 - 65% of the payment

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Payments are prorated across all cases, giving priority to current support first.

17. When does your state require employers to send notice of an employee's termination?

30 days after termination

18. How long should an employer retain the order after the employee's termination?

Retain 30 days.

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

Can not exceed $2.50 in a calendar month.

20. Provide your state's statutory citation.

Neb. Rev. Stat. §§42-364.01, 42-364.12, 43-1722, 43-1723, 43-1718.02 (2)(i)

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

Nebraska Revised Statutes do not define lump sum payment.

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Nebraska employers are under a duty to furnish information listed in the Nebraska Income of Withholding for Child Support Act set forth in N.R.S. Sec. 43-1719. The County or Authorized Attorney may file an action in the district court to enforce this section. Lump sum payments to obligors may be considered as salaries, wages, benefits, bonuses, and/or advances. Specified fees and costs from expenses drawn upon an account are not considered as wages or salaries.

23. Does your state have a threshold amount for a lump sum to be reported?

There is no minimum threshold amount for an assignment upon wages paid either through a garnishment or a lump sum.

24. Does your state citation or rule provide how long the employer must hold the lump sum?

The employer may hold the lump sum for seven days consistent with Sec. 43-1723 (5) before remitting the properly garnished amount to the State Disbursement Unit.

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Nebraska Child Support uses income withholding form for employers. A lump sum payment can be a workers' compensation.

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

No

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

Nebraska Child Support follows CCPA.

29. What is your state's Medical Support Statute?

§Neb. Rev. Stat. 42-369(2)(a), §Neb. Rev. Stat. 144, 44-3,146

30. What is your state's Reasonable Cost Definition?

Cash medical support or the cost of private health insurance is considered reasonable in cost if the cost to the party responsible for providing medical support for the child(ren) does not exceed 5% of his or her gross income.

31. What is the Health Coverage Expense?

Child(ren)'s health insurance, non-reimbursed health care expenses, and cash medical support in Title IV-D cases. Neb.Rev.Stat.§ 4-215.

32. What is the Income Withholding Limits for Support?

The withholding limits set by the federal CCPA are: 50% - Supports a second family with no arrearage or less than 12 weeks in arrears 55% - Supports a second family and more than 12 weeks in arrears 60% - Single with no arrearage or less than 12 weeks in arrears 65 percent - Single and more than 12 weeks in arrears Federal Consumer Credit Protection Act (CCPA) Nebraska Revised Statute 43-1718.02 Federal Consumer Credit Protection Act (CCPA) Nebraska Revised Statute 43-1718.02

33. What is the Priority of Withholding?

Neb. Rev. Stat. §§42-364.01, 42-364.12, 43-1722, 43-1723, 43-1718.02 (2)(i) Current child support, spousal support, medical support payments including health insurance premiums; then arrears- child support, spousal support, then medical support; then interest on those arrears

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

If the premium amount exceeds the CCPA, the employer should indicate on the NMSN that the insurance cost is unaffordable, and the dependent should be enrolled.

35. According to 45 CFR §303.32(a), what are your state options?

In accordance with section 466(a)(19) of the Act, the National Medical Support Notice (NMSN) must be used to enforce the provision of health care coverage for children of noncustodial parents and, at State option, custodial parents who are required to provide health care coverage through an employment-related group health plan pursuant to a child support order and for whom the employer is known to the State agency.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

The responsible party may request an administrative hearing to appeal the enrollment of the children in health insurance coverage.

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire date

38. What are the required data elements?

New Hire Information: Employee name (first/middle/last), Employee address, SSN, Date of hire, State of hire (only if reporting as a multi-state employer), Employer name, Employer address, Employer FEIN, if more than one FEIN, make certain to us the FEIN used to report your quarterly wage information,

39. What are the methods of transmission?

Online, electronic transmission, printed list, new hire reporting form, W-4 form, payroll services. https://ne-newhire.com/

40. Does your state require independent contractor reporting?

Yes